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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
It seems that the part of the defendant's direct participation in the crime of Bosing is nothing more than the overall number of crimes in the crime list of the court below or the amount of damage.
There is no record of criminal punishment except that sentenced to a fine for larceny in 2015.
It seems that the defendant committed the crime of this case on the relatively old age, and completed military service after committing the crime, and has been faithfully living in the workplace.
The family members of the defendant and the workplace are seeking the wife of the defendant.
Circumstances unfavorable to the defendant are as follows:
The instant crime took part in multiple people according to the strict plan, and the name was used in China, organized, and professionally, and the subject of the instant crime was the ordinary people who want to obtain small-amount loans and the unspecified number of victims.
In addition, the crime of Bophishing is likely to adversely affect the trust relationship in the overall society by making the general public imprue state agencies or financial institutions, etc.
In particular, the organization to which the defendant was under the jurisdiction of the defendant, by deceiving a large number of victims at the call center office established in China, obtained a large amount of money, and the defendant did not take any measures to recover damage until the trial is held.
The defendant's crime was committed long, and the defendant continued to commit the crime by repeating entry and departure on three occasions.
The defendant seems to have actively participated in the crime of this case even in his relative district.
The age, character and conduct, career, environment, circumstances and results of the crime, and the circumstances after the crime.